If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Wrongful Termination - New Jersey

I feel I was wrongfully terminated from my job. I worked at a Toyota dealership along side with my father who is a mechanic and on was also on vacation during my termination. Basically all the techs are white, 3 spanish prep techs (1 cuban and don't know bout the other 2), 2 spanish express lube techs (1 puerto rican and the other el salvadoran I believe) and myself was a white express lube tech. And my ex-boss (service manager) also being spanish (portuguese). So any whom, I forgot to change the oil filter on a customer's car and he had called or supposedly came back and complained that it wasn't changed and the old filter was marked. I'm aware it was stupid of me to forget to change the oil filter, but mistakes happen, right? Apparently my ex-boss saw it quite differently, he claims I was "stealing." He calls me into his office; the termination letter was already typed and printed. He made me sign and pretty much get out; I didn't even get a word in. On the letter it stated something along the lines I had told him the oil was like new and didn't feel the need to change the oil filter. Now how in the hell could he have known that if I had said something like that?? On the union grievance form, he wrote down I was stealing the filter. In the 13mos I was working there, I have never been written up nor warned ever. Also, in the termination letter the guy couldn't even spell my last name correctly (if that matters at all??). But the union contract states the employee must been written up 3 times within a certain time period. Apparently that wasn't the case with this guy. The customer had called back 3 times later that day, begging my ex-boss not to fire me, he wasn't looking for that, he was only looking for what he paid for. My ex-boss never took the customers plea into consideration nor never even saw the oil filter, he sent a service writer out to do his job and look at the filter for confirmation I guess, and he never even came by my work station to see if I had the "supposed" stolen filter. Here where it gets f**ked up! Tech A left the oil drain plug loose on a customer's car and while the customer was driving down the road or highway, the drain plug came out and the engine blew. He cost the company a couple thousand right there. Did he ever get a warning, write up or terminated? NO! HE STILL HAS HIS JOB!! WTF?!?! Tech B blew a customer's engine while test-driving it, another couple thousand right there. Same as tech A still has his job, no warning or anything. He warranted the engine jobs without Toyota’s consent, so HE’S STEALING FROM TOYOTA! Also the service manager was aware tech B was stealing core batteries to sell back to the junk guy to make a few extra bucks, nothing was never said or done. Last but not least, discrimination anyone??? All the guys in the shop even the lunch truck guy, thinks it’s more than just an oil filter. I believe the GM told the SM to lay off one of the express lube guys, and me being the only white one and the other two being spanish, he waited for me to make a simple mistake so he can gobble it up and get rid of me. And the union contract states for that, if layoffs are to occur, the LAST HIRED GUY GOES FIRST!! And I wasn't the last hired express lube tech it was a puerto rican. So with all that said, sorry for the long story, but its the only way to really understand any of this. If the union fails to get my job back, do I have a potential discrimination case on my hands or any kind of case to really f**k them over??? But the guy liked digging his own grave, I had to file a wage claim, cause the d**k is holding my check for a uniform and company coat, also cancelled my direct deposit with out my OKAY, which are both illegal in New Jersey! So it wouldn't surprise me if this @$$ clown doesn't agree with the union to give me my job back. That's okay, my dads got a hell lot more $hit to dump on him if it comes down to that.

A wrongful termination means that you were fired in violation of a law that would otherwise have prohibited your termination. It doesn't mean that you were fired unfairly or in error. Given that you are in a union, your recourse is likely going to be through the union.

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com